Posts Categorized: Cut-out-and-keep

The issue of the planning unit comes up not infrequently, particularly in enforcement cases. As an inspector has recorded and helpfully set out in his decision (DCS Number 400-016-723), the classic definition is found in Burdle v Secretary of State for the Environment [1972]. Readers might find it useful to keep this somewhere handy.

“He’s in The Guards and only comes down at weekends”. Someone talking about their son, maybe, or a friend? No, the owner of a horse explaining to a planning officer why the animal was stabled in the outbuilding of a Worcestershire pub which lacked the one acre of grazing land demanded by local plan policy. Oh, we could write a book, we really could.

An appellant hoping to obtain a certificate of lawfulness for two proposed outbuildings at a house in Cornwall has failed to persuade an inspector that an Article 4 Direction made in 1969 was no longer of any effect (DCS Number 400-016-266).

In addressing an appellant’s argument that a 2005 planning permission for a residential barn conversion in north Yorkshire authorised the demolition and rebuild of the building, an inspector has taken us back to basics (DCS Number 200-006-732).

Readers will be aware of the Government’s intention to place a ban on new diesel and petrol cars from 2040. Against that background an inspector’s decision to reject a proposal for a six storey block to accommodate 21 flats on a site within an air quality management area in north London (DCS Number 200-006-656) is of interest.

We all know that advertising can be subtle, a characteristic recognised by an inspector dealing with an appeal against a refusal to grant express consent under the advertisement regulations for the painting of a shopfront in a Warwickshire town centre (DCS Number 400-015-736).

A "net health gain" principle should be embedded in national planning policy to ensure that new developments do not contribute to the problem of air pollution, a report by government agency Public Health England has recommended.

The government's Airports National Policy Statement (ANPS), which sets the policy framework for the expansion of Heathrow airport, should be "set aside and reconsidered" if it is found to be legally flawed, the High Court has been told on the first day of a legal challenge against the airport's expansion.

Plans have been approved for 1,500 homes on an employment site in Salford Quays, including a tower of up to 46 storeys, after officers concluded the development would not compromise neighbouring employment uses.

Plans have been approved for a mixed-use scheme with over 1,100 homes on a site currently used as a retail park off London's Old Kent Road, after planners concluded that the scheme's negative impacts, including the loss of retail space, would be compensated for by "major regeneration benefits".

The government has said it will "robustly defend" itself against a legal challenge which is seeking to have the approval for the expansion of Heathrow airport sent back to Parliament for reconsideration, as the case opens at the High Court today.

The High Court has upheld an inspector's ruling that the size of an area of hard-standing at a fencing company's yard in Surrey was so far in excess of what was required by a building on the site as to render it not ancillary to the building.